Plaintiff brings this class action on behalf of himself and all others similarly situated who purchased or otherwise owned an iPhone 6 smartphone or other older model iPhone manufactured and sold by Apple. Plaintiff and other iPhone owners began experiencing significant slowdown and performance issues with their phones when Apple updated the operating software of the phones to iOS 10.2.1 earlier this year. Apple represented to the public that iOS 10.2.1 and subsequent iOS updates were fully compatible with, and intended for use in, iPhone 6 and other older iPhone models. Plaintiff and the other Class Members were effectively compelled to update their iPhones to iOS 10.2.1 because Apple claimed the update provided “bug fixes and improves the security” of their phones.
As alleged, after updating to iOS 10.2.1, Plaintiff and others similarly situated, without any warning or notice, were left with phones that operated in a sluggish manner and failed to perform at the normal, expected standard prior to the update. Indeed, after the iOS update, iPhone owners experienced problems and delays using mobile applications, or “Apps,” on their phones, slowdowns in downloading data, battery drain, Wi-Fi and internet connectivity issues, and inadvertent shutdowns, among other concerns. Plaintiff and the other Class Members have therefore been harmed because they were forced to update their iPhones with operating software that degraded the performance and functionality of their phones, leaving them with phones that were significantly impaired in value.
On December 20, 2017, Apple confirmed that the iOS 10.2.1 update was responsible for slowing down and hindering the performance of the iPhone 6 and other older model iPhones. Apple claims the batteries used in iPhone 6 models were prone to causing unexpected shutdowns, and that the iOS 10.2.1 update was intended to prevent such shutdowns. To address the battery issues purportedly affecting iPhone 6 models, Apple used the iOS 10.2.1 update to “throttle,” or slow down, the processor speeds of those phones. Thus, as part of this purported “fix,” Apple intentionally caused the slowdown and impairment of its iPhone 6 and older model iPhones, to the detriment of Plaintiff and other Class Members.
Apple did not disclose to the public at the time of the iOS 10.2.1 update that it would be throttling the processor speeds of the iPhone 6 and other older model iPhones. Nor did Apple disclose at the time of the iOS update that there were any issues surrounding the batteries in those iPhones.
According to the complaint, a simple and easy fix of the purported shutdown problem would have been to provide notice to iPhone users and offer to replace the batteries in the iPhone 6 and other older-model phones. Apple, however, has never offered its customers the option of replacing the batteries in those phones. As a result, owners of the iPhone 6 and other older iPhone models have been stuck with inferior, poorly-performing phones, or worse yet, feel compelled to spend hundreds of dollars more to upgrade a newer model iPhone.